Call recording with MightyCall is hands-free in the full sense of the word. It works on calls made to/from all connected devices, including MightyCall’s iOS/Android mobile app. How it works: 
Both individuals and businesses turn to call recording for reasons like record keeping, court evidence, and customer service. Yet we also wonder: can you legally record a phone call in the USA and Canada? While unsolicited call recording is usually illegal, in most states it’s lawful to record phone calls as long as you comply with federal and local laws. In the U.S. and Canada, call recording is acceptable in both business and personal contexts. Call recording laws vary across country and state borders but are simple to follow once you know them. Scroll down for your one-stop guide to answering the question – “Is it illegal to record a phone call?” – for good!
U.S. Federal law on recording conversations (18 U.S. Code § 2511: “Interception and disclosure of wire, oral, or electronic communications”) states that one-party consent is required to legally record.The person recording the call must be either a participant of the conversation themselves or obtain permission from at least one party. Recordings made with criminal intent are also prohibited. Moreover, illegal recordings have no power in court.
Most states in the USA are aligned with federal law – they require the consent of only one party for recording phone calls. However, some state laws have regulations that demand mutual consent.
One-party consent is the legal term used to describe call recording regulations. This means that the consent of any party (i.e.side) involved in the conversation is enough to make the call recording legal. The other side cannot sue you for recording the call, and you can use such recordings as evidence in court. States with one-party consent laws:
| Alabama | Kentucky | Ohio |
| Alaska | Louisiana | Oklahoma |
| Arizona | Maine | Rhode Island |
| Arkansas | Minnesota | South carolina |
| Colorado | Mississippi | South Dakota |
| District of Columbia | Missouri | Tennessee |
| Georgia | Nebraska | Texas |
| Hawaii | New Jersey | Utah |
| Idaho | New Mexico | Virginia |
| Indiana | New York | West Virginia |
| Iowa | North Carolina | Wisconsin |
| Kansas | North Dakota | Wyoming |
Two-party consent is the term used to describe call recording regulations. This means that the consent of two parties (sides) involved in the call is necessary. If it’s a conference call, you will need all-party consent. Should you record conversations without consent, wiretapping laws allow the other party to sue you for violations. Moreover, you cannot use tape recordings obtained illegally as evidence in court. States with two-party laws:
| California | Maryland | New Hampshire |
| Connecticut | Massachusetts | Oregon |
| Delaware | Michigan | Pennsylvania |
| Florida | Montana | Vermont |
| Illinois | Nevada | Washington |
If state regulations are clear enough, what consent law for recording conversations should you follow with interstate phone calls? For example, you have a business located in New York but with many clients (and thus, callers) from Pennsylvania. Since these neighboring states have different recording laws – NY is a one-party consent state while PA is an all-party consent state – which road should you take? As a rule of thumb, recording interstate phone calls requires two-party consent. In the above example, regardless of where your business is located, you’ll need to respect PA’s two-party laws and notify all parties about the call recording. How exactly do you do that? We’ll show you below.
In both the USA and Canada, it’s illegal to record a phone call without the consent from the involved parties will result in federal and/or state charges and litigation costs. In the U.S., wiretapping charges vary based on state and range from misdemeanor to felony. The former implies fines and/or up to 1 year imprisonment while a felony implies fines and 1-5 years of imprisonment. Moreover, violating recording laws will result in lawsuit expenses. In Canada, under Section 184 of the Criminal Code, it’s illegal to secretly record calls without the consent of at least one party. Wiretapping is subject to up to 5 years of imprisonment. For organizations, violating wiretapping laws involves fines and imprisonment. To avoid trouble in all states, use the rules above to obtain the consent of all parties before recording- including the participants and the third party listening to the call. Should you hesitate about the legality of recording a conversation, contact your local attorney.
These regulations are subject to regional U.S. Court of Appeals regulations. Under the First Amendment, the legality of recording phone calls to/from public officials is a constitutional right and may prevail over federal and state laws. Several (but not all) U.S. Courts of Appeals have recognized this right.
Turn off background TVs, mute loud notifications and phone calls, make sure that people (and pets) aren’t interfering. If the call is important for further analytics, make sure your recording device is working and the recorded audio is of good quality.
Set up an automated greeting notifying all parties to a conversation about the call recording. This will automatically ensure wiretapping laws are observed. This also takes away the burden of telling the other party about the recording in your own words, which leads to uncomfortable questions.
Reasons for a business to monitor telephone conversations include: quality assurance, customer service, training purposes. For example, your message can state: “Thank you for calling X company. This call may be monitored or recorded for quality assurance and training purposes.”
Introducing everyone “around the table” isn’t just good etiquette. If you plan on analyzing recordings of the phone call or conversation later (we’ll tell you how below), naming all the parties is necessary for keeping records and organizing data.
Some people want to ensure a confidential conversation or feel concerned about their privacy when they hear about a call being recorded. Be prepared to answer legal questions your callers may have, such as what potentially private data you’re collecting, how you’re using it, and whether the information acquired in the phone conversation is private property or will be shared with third parties.
Most of us don’t mind how we talk “in real life”, but cringe at how our voice sounds on recordings. In recorded conversations, monitor and improve habits such as articulation and speech. You’ll thank yourself more than once – especially if you plan on using voice to text transcription.
If you’re taking calls all day, an innocent snack may seem fine – especially if you think your mic is off (and it’s not). By all means, snacking isn’t illegal, but do skip the food and drinks if your telephone conversations are being monitored or recorded!
This one is for calls held via a softphone, computer app, and on conference calls. When not speaking, mute your mic and ask the other parties to do the same. Otherwise, your computer (or phone) microphone will pick up the audio output from all the participants’ mics and echo it back.
Clients can provide useful feedback for developing or adapting your product or service to market needs. Always record meetings with clients and digitally organize them in a single folder for further review. Ensure the consent of all parties to avoid confrontations.
Keeping the records regarding conference calls may help discover missed insights, identify points for further discussions, or explore opinions with other members of the team or with management at a later time. Inform each party to the conversation about your intentions.
Recording is a great help in both job interviews and journalist interviews. With the former it helps HR consult with managers and more fully evaluate the candidate; with the latter, recording is invaluable for direct quotes and insights. Sometimes journalists opt for the secret recording of conversations, but keep in mind that this may result in loss of confidence from the source and even lawsuits.
With customer service, recording calls is best done via automatic call recording that’s part of the business’ phone system (see below). Storing and analyzing such recordings while respecting phone recording laws by state improves customer experience and helps collect feedback, train personnel, and evaluate their work.
Just like customer service, sales phone calls should be recorded automatically. Transcribing and monitoring your sales calls will help improve retention, evaluate employee behavior and train new team members on sales teams.
Customer interviews are part of the feedback loop which keeps companies growing in the direction aligned with its audience. Since these calls are incredibly valuable for product departments, always record, transcribe, and securely store such interviews.
When recording calls, companies and individuals have two options: manual call recording apps or call recording built into your phone system. MightyCall’s business phone system has built-in automatic call recording so you don’t have to wonder how to record calls and what apps to use. Call recording with MightyCall is hands-free in the full sense of the word. It works on calls made to/from all connected devices, including MightyCall’s iOS/Android mobile app. How it works:
She writes all about VoIP product tips and how to ensure an excellent customer experience with virtual phone systems.
